Notification No. 31/2001-Cus Date 28/03/2001

Hydroxyl Amine Sulphate - Anti-dumping Duty Levied on Imports from EU, USA, Japan

WHEREAS in the matter of import of Hydroxyl Amine Sulphate, falling under sub-heading No. 2825.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United States of America, Japan and the European Union, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 4th August, 2000 had come to the conclusion that –

1. Hydroxyl Amine Sulphate, originating in, or exported from, the United States of America, Japan and the European Union, has been exported to India below normal value, resulting in dumping ;
   
   
2. the Indian industry has suffered material injury;
   
   
3. the injury has been caused cumulatively by the imports from the subject countries or territory;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.125/2000-Customs, dated the 29th September, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 29th September, 2000 vide G.S.R.763 (E), dated the 29th September, 2000;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st March, 2001 has come to the conclusion that –

1. Hydroxyl Amine Sulphate, originating in, or exported from, the United States of America, Japan and the European Union, has been exported to India at a price below its normal value, thereby resulting in dumping ;
   
   
2. the domestic industry has suffered material injury;
   
   
3. the injury has been caused to domestic industry by dumping of the subject goods originating in, or exported from, the United States of America, Japan and the European Union;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A and rule 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on Hydroxyl Amine Sulphate, falling under sub-heading No. 2825.10 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, any country or territory specified in column (2) of the Table annexed hereto, and exported by exporters specified in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the amount specified in column (4) of the said Table and the landed value of such imported Hydroxyl Amine Sulphate per metric tonne.

TABLE

S.No.	Country/territory	Exporter	Amount (US$ per MT)
(1)	(2)	(3)	(4)
1.	European Union	All exporters	1794.13
2.	Japan	(a) M/s UBE Industries Ltd.	1733.56
		(b) M/s Nissho Iwai Co.	1733.56
		(c) M/s Mitui & Co. Ltd.	1733.56
		(d) M/s Mitsuya Boeki Ltd.	1733.56
		(e) Other exporters	1794.13
3.	United States of America	All exporters	1794.13

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 29th September, 2000, and shall be paid in Indian currency.

Explanation,- For the purposes of this notification,-

(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of Customs except duties levied under sections 3, 3A, 8B,9 and 9A of the said Customs Tariff Act.

(b) “rate of exchange” applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date for the determination of the “rate of exchange” shall be the date of presentation of the “bill of entry” under section 46 of the said Customs Act.